McKahan v. Baltimore & Ohio Railroad
Supreme Court of Pennsylvania
Appeal, No. 61, Oct. T., 1908, by-defendant, from judgment of C. P. Washington Co., Feb. T., 1907, No. 107, on verdict for plaintiff in case of Caroline MeKahan v. The Baltimore & Ohio Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before McIlvaine, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 61, Oct. T., 1908, by-defendant, from judgment of C. P. Washington Co., Feb. T., 1907, No. 107, on verdict for plaintiff in case of Caroline MeKahan v. The Baltimore & Ohio Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before McIlvaine, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $5,000. Defendant appealed. ■ Errors assigned were in refusing binding instructions for defendant, and in refusing to withdraw juror and continue the case.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
In the opinion of the court overruling the motion of the defendant for judgment non obstante veredicto this case is said to be a close one. On the question of the contributory negligence of the deceased it cannot be so regarded. From the testimony of plaintiff’s witnesses but one inference is possible as to his conduct in approaching the crossing, and it was, therefore, for the court to so declare. Failure to discharge this duty resulted in a finding by the jury which is not a true one.
Charles McKahan, the husband of appellee, drove into the borough of Claysville…
2Cases cited5 opinions
- Urias v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Shaeffer v. KreitzerSupreme Court of Pennsylvania · 1814
- Corcoran v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
- Fisher v. Pennsylvania Co.Supreme Court of Pennsylvania · 1907
- Blotz v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1905
3Cited by8 opinions
- United States v. LevitonCourt of Appeals for the Second Circuit · 1951
- Hostetler v. KniseleySupreme Court of Pennsylvania · 1936
- Schankweiler v. Pennsylvania Light Co.Supreme Court of Pennsylvania · 1922
- Darbrinsky v. Pennsylvania Co.Supreme Court of Pennsylvania · 1915
- McClure v. Lake Shore & Michigan Southern Railway Co.Superior Court of Pennsylvania · 1909
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